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Page 1: B-1 B-3C B-2C · 2018-06-20 · COX ROAD MULTI-FAMILY DEVELOPMENT Master Plan Regulations 4 o. restaurants with drive-thru windows, not to exclude, however, restaurants with dedicated

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PS November 2017 Ref: 747-759-4312

Zoning

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John A. Vithoulkas County Manager

CR APT Land LC 1415 E. Main Street Richmond, VA 23219

Dear Sirs:

COMMONWEALTH OF VIRGINIA

COUNTY OF H ENRI CO

June 19, 2018

Re: Rezoning Case REZ2018-00006

The Board of Supervisors at its meeting on June 12, 2018, approved your request to conditionally rezone from 0-3 Office District and 0 -3C Office District (Conditional) to UMUC Urban Mixed-Use (Conditional) Parcel 747-759-4312 containing 5.427 acres located on the west line of Cox Road at its overpass of 1-64, described as follows:

Beginning at a point marked P.O.B; said point being the intersection of the west line of Cox Road and the north line of Interstate 64; thence along the north line of Interstate 64 N 58°41'29" W 246.31' to a point; thence along a curve to the right having a length of 435.75', a radius of 10,636.97', a chord bearing of N 51°36'08" W and a chord of 435. 72' to a point; thence leaving the north line of Interstate 64 N 41°35'18" E 169.74'; to a point; thence N 16°06'57" E 30. 76' to a point; thence S 73°53'03" E 482.56' to a point; thence S 66°38'13" E 103.05' to a point; thence S 73°53'03" E 148.99' to a point on the west line of Cox Road; thence along the west line of Cox Road S 23°23'00" W 91.90' to a point; thence along a curve to the right having a length of 262.09', a radius of 751.72', a chord bearing of S 35°40'17" W and a chord of 260.76' to a point; thence S 62°28'23" W 92.56' to the Point of Beginning, marked P.O.B. and continuing 5.427 acres.

The Board of Supervisors accepted the following proffered conditions, dated May 2, 2018, which further regulate the above described property in addition to all applicable provisions of Chapter 24, Code of Henrico (Zoning Ordinance) :

1. Master Plan. The Property shall be developed in general conformance with the standards set forth in the pattern book entitled "COX ROAD MUL Tl-FAMILY DEVELOPMENT, HENRICO COUNTY, VIRGINIA, COMMUNITY PATIERN BOOK," dated May 1, 2018, prepared by Poole & Poole Architecture , LLC (the "Pattern Book") , (see case file) which is conceptual in nature and may vary in massing , height and final density provided the design , general layout, elevations and other details are in general conformance with the Pattern Book. The specific design, general layout, elevations and other details may vary from the Pattern Book as required for final engineering, design or compliance with governmental regulations, or as approved during any Plan of Development, subdivision , or building permit review or by the Director of Planning provided the Director of Planning finds the deviations are generally in keeping with the spirit and intent of the Pattern Book.

(804) 501-4206 PARHAM & HUNGARY SPRING ROADS I P.O. BOX 90775 /HENRICO, VIRGINIA 23273-0775 FAX (804) 501-4162

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CR APT Land LC June 19, 2018 Page 2

2. Prohibited Uses. The following uses shall be prohibited on the Property:

a. automotive filling and service stations including towing service; b. billiard, bagatelle, video game or a bingo parlor, unless accessory to a permitted

use; c. flea markets or antique auctions; d. billboards; e. recycling facilities ; f. funeral homes, mortuaries, crematories and/or undertaking establishments; g. dance halls; h. truck stops; i. gun shop, sales and repair; j. sign painting shops; k. theaters; I. communication towers; m. adult businesses as defined by Section 24-3 of the Henrico County Code; n. establishments whose primary business is check cashing and/or the making of

payday loans as defined and regulated by Sections 6.2-2100 et seq. and 6.2-1800 et seq. of the Code of Virginia (the foregoing shall not preclude banks, savings and loans or similar financial institutions that are not regulated by the foregoing Virginia Code sections);

o. restaurants with drive-thru windows, not to exclude, however, restaurants with dedicated parking spaces for the pick-up of carry-out food nor restaurants whose primary business is the sale of specialty coffees or other non-alcoholic beverages or pastry;

p. car title loan operations ; q. fuel pumps associated with permitted uses; and r. motels or motor lodges.

3. Severance. The unenforceability, elimination , revision or amendment of any proffer set forth herein, in whole or in part, shall not affect the validity or enforceability of the other proffers or the unaffected part of any such proffer.

The Planning Department has been advised of the action of the Board of Supervisors and will revise its records.

pc: Andrew M. Condlin, Esquire Director, Real Estate Assessment

!L:ely,

(£_: !{,~ John A. Vithohfkas County Manager

Tiffany S. Hinton , Ph.D., Dir. Research and Planning - Schools

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COX ROAD MULTI-FAMILY DEVELOPMENT

Master Plan Regulations

1

COX ROAD MULTI-FAMILY DEVELOPMENT HENRICO COUNTY VIRGINIA MAY 1, 2018

COMMUNITY PATTERN BOOK

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TABLE OF CONTENTS

CONTENTS PAGE

COX ROAD PROFFERS 3

AERIAL VIEW OF PARCEL 5

CONCEPTUAL SITE PLAN 6

CONCEPTUAL ELEVATIONS 7

PROVISIONAL USE PERMITS REQUIRED 12

DEVELOPMENT STANDARDS 14

MINIMUM AREA 14

HEIGHT 14

STREET ACCESS 14

INTERNAL CIRCULATION 15

SIDEWALKS 15

MINIMUM YARD 17

LANDSCAPING AND BUFFERING 17

COMMON AREA, OPEN SPACE & PRESERVATION 28

LIGHTING 31

PARKING 32

COMPREHENSIVE SIGN PROGRAM 34

DEWELLINGS IN SPECIAL FLOOD HAZARD AREA 37

COVENANTS REQUIRED 37

ROADS 38

HVAC 38

COMMERCIAL VEHICLES 38

IMPROVEMENTS 39

PUBLIC WATER AND SEWER 39

UTILITY LINES UNDERGROUND 39

OUTSIDE STORAGE AND REFUSE 39

ARCHITECTURAL AND SITE DESIGN POLICIES 39

TRANSIT POLICIES 42

LANDSCAPING, BUFFERING, AND OPEN SPACE POLICIES 42

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Cox Road Proffers

1. Master Plan. The Property shall be developed in general conformance with the standards set forth in the

pattern book entitled “COX ROAD MULTI-FAMILY DEVELOPMENT, HENRICO COUNTY, VIRGINIA, COMMUNITY

PATTERN BOOK,” dated May 1, 2018, prepared by Poole & Poole Architecture, LLC (the “Pattern Book”), which

is conceptual in nature and may vary in massing, height and final density provided the design, general layout,

elevations and other details are in general conformance with the Pattern Book. The specific design, general

layout, elevations and other details may vary from the Pattern Book as required for final engineering, design or

compliance with governmental regulations, or as approved during any Plan of Development, subdivision, or

building permit review or by the Director of Planning provided the Director of Planning finds the deviations are

generally in keeping with the spirit and intent of the Pattern Book.

2. Prohibited Uses. The following uses shall be prohibited on the Property:

a. automotive filling and service stations including towing service;

b. billiard, bagatelle, video game or a bingo parlor, unless accessory to a permitted use;

c. flea markets or antique auctions;

d. billboards;

e. recycling facilities;

f. funeral homes, mortuaries, crematories and/or undertaking establishments;

g. dance halls;

h. truck stops;

i. gun shop, sales and repair;

j. sign painting shops;

k. theaters;

l. communication towers;

m. adult businesses as defined by Section 24-3 of the Henrico County Code;

n. establishments whose primary business is check cashing and/or the making of payday loans as defined

and regulated by Sections 6.2-2100 et seq. and 6.2-1800 et seq. of the Code of Virginia (the foregoing shall

not preclude banks, savings and loans or similar financial institutions that are not regulated by the

foregoing Virginia Code sections);

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o. restaurants with drive-thru windows, not to exclude, however, restaurants with dedicated parking spaces

for the pick-up of carry-out food nor restaurants whose primary business is the sale of specialty coffees or

other non-alcoholic beverages or pastry;

p. car title loan operations;

q. fuel pumps associated with permitted uses; and

r. motels or motor lodges.

3. Severance. The unenforceability, elimination, revision or amendment of any proffer set forth herein, in whole or

in part, shall not affect the validity or enforceability of the other proffers or the unaffected part of any such

proffer.

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Provisional Use Permits Required

1. Master Plan, Density, and Percentage of For-Lease Multifamily Units. All development on the Property shall

be in general conformance with the Cox Road Multifamily Development Community Pattern Book, dated

May 1, 2018, which is conceptual in nature. The development of the Property may be phased and may vary

in massing, height and final density provided the design, general layout, elevations and other details are in

general conformance with the Pattern Book. The specific design, general layout, elevations and other details

may vary from the Pattern Book as required for final engineering, design or compliance with governmental

regulations, or as approved during any Plan of Development, subdivision, or building permit review or by the

Director of Planning provided the Director of Planning finds the deviations are generally in keeping with the

spirit and intent of the Pattern Book. Development shall not exceed (but may be less than) seventy-five (75)

units per acre. The total number of dwelling units shall not exceed (but may be less than) 407 units. The

number of for lease multi-family dwelling units may exceed 30% of the total units of the UMU district and all of

the units developed on the Property may be multi-family for-lease.

2. Outdoor Vending Areas. Areas of the Property may be designated on the master plan, which may be

revised from time to time, or a Plan of Development, for the preparation or service of food or beverages or

the sale or display of merchandise conducted in an open area or structure by one or more individual vendors

operating from stalls, stands, carts, vehicles or other spaces which are rented or otherwise made available to

such vendors. Such activities may include a market, the sale of merchandise as part of a permitted festival or

other similar special event, or the outdoor display or sale by a single food or beverage vendor, operated as

an incidental part of retail activity regularly conducted from within a permanent building on the Property.

Sidewalk widths adjacent to outdoor vending areas shall not be reduced to less than five (5) feet, except to

accommodate a permitted festival or other similar special event. Trash receptacles shall be provided and

conveniently located for each block that contains an outdoor vending area. Any outdoor vending areas

shall not be open to the public after 10:00 p.m.

3. Parking Structure Design and Fire Protection. Parking structures without ground floor retail uses along at least

one façade or without useable floor space for residential or nonresidential uses along any façade that faces

a one-family use or public or private street shall be permitted, provided the design of such structures is

generally consistent with the Cox Road Multi-Family Community Pattern Book (see case file REZ2018-0006) as

determined at the time of Plan of Development Review. A 3” standpipe for fire protection shall be provided

within all structured parking at approximately 200’ intervals. The exact location of these improvements will be

determined during Plan of Development review.

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4. Building Height and Emergency Communications System. Buildings and structures may exceed sixty (60) feet

in height. Buildings on the Property shall not exceed 85’ in height. For any building above sixty (60) feet in

height, the owner shall install a fire command center and emergency radio communication equipment in the

building to allow for adequate public safety and radio coverage within and between such buildings. A

communications consultant shall certify such equipment as compatible with the County’s emergency

communication system within 90 days of the owner or tenant obtaining a Certificate of Occupancy for any

such building. The County shall be permitted to perform communications testing within the buildings at any

time.

5. Open Space. Open space on the Property may be less than twenty percent (20%).

6. Commercial/Office Square Footage. The minimum commercial and office square footage may be less than

twenty-five percent (25%) of the Property.

7. Crime Prevention. Prior to occupancy of any new structure containing commercial or office uses, the owner

and the Crime Prevention Unit of the Division of Police shall conduct a security survey of the property. The

owner shall implement mutually agreed upon security recommendations.

8. Proffered Conditions. All proffered conditions accepted with case REZ2018-00006 shall be made a part of this

Provisional Use Plan.

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Development Standards

1. Minimum area. A project must contain at least twenty acres unless the project is located within the Innsbrook

Redevelopment overlay district as described in Section 24-92.4 of the Henrico County Code and contains at

least four acres. In calculating the minimum acreage of the project, land zoned C-1 conservation district may

be counted towards this requirement, but existing publicly dedicated streets and proposed public rights- of-

way shall not. Once a UMU district is established, areas of less than twenty acres or less than four acres in the

Innsbrook Redevelopment overlay district may be added to the UMU district through rezoning provided:

a. The area to be added is directly adjacent to the district or located across a public street with a right-of-

way no wider than ninety feet.

b. The design features proposed are consistent with the existing UMU project as determined at the time of

rezoning.

c. Required impact analyses are provided or existing impact analyses are updated to reflect additions to the

approved UMU project. Pedestrian and vehicular access connects the area to be added to the approved

UMU project.

d. Where such connections are to private roads or property, access agreements shall be provided prior

to rezoning to demonstrate such connections can be made.

2. Height. No building or structure shall exceed a height of two hundred feet.

a. Buildings within one hundred and fifty feet of a one-family dwelling existing on June 28, 2016, shall not

exceed forty-five feet in height.

b. Buildings more than one hundred and fifty feet and up to three hundred feet from a one- family dwelling

existing on June 28, 2016, shall not exceed eighty feet in height.

3. Street access. The primary access to the UMU district shall be from Cox Road over a private shared roadway,

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a major access road, major collector, minor arterial, or major arterial roadway as designated on the county’s

major thoroughfare plan.

4. Internal circulation. Properties within the overlay district shall provide vehicular and pedestrian circulation

between adjacent properties unless otherwise approved by the director of planning due to design

considerations such as utility conflicts, steep topography, or other factors. Copies of applicable cross access

agreements shall be provided at the request of the director of planning.

5. Sidewalks. Sidewalks, a minimum five feet in width in nonresidential areas, shall be installed along the property

side of each street, public or private, exclusive of private alleyways, unless otherwise approved by the director

of planning at the time of plan of development review due to design considerations such as limited right-of-

way, utility conflicts, or steep topography. The minimum sidewalk width may not include any outdoor dining,

display or vending area.

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6. Minimum yard (setbacks) and lot width and area. The minimum building setback shall be 10 feet along

the main entrance drive and 5 feet along all other property lines. The maximum building setback along

the main entrance drive and Cox Road shall be 25 feet as measured from the property line to the nearest

point of the building facade. The minimum lot width shall be twenty feet; the minimum lot area shall be eight

hundred square feet.

7. Landscape and buffering

a. Purpose. The purpose of the UMU district landscaping and buffering standards is to provide visual

enhancement of the UMU district; protect and promote the appearance, character and economic value

of property; reduce visibility of parking areas and other unattractive areas from adjacent properties and

public lands; moderate climatic effects; minimize noise and glare; enhance public safety; reduce

stormwater runoff; and provide visual transition between neighboring properties.

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b. Applicability. This section shall apply to all UMU district development plans. The developer shall submit a

landscape plan with each final site plan approved for each phase of development.

c. General landscaping requirements.

i. Type and variety. Plant materials shall be selected from the approved plant list in the

current Henrico County landscape manual. All modifications shall be approved by the

director of planning in accordance with the substitutions or modifications section of the

landscape manual.

ii. Financial guarantee. Prior to the issuance of a certificate of occupancy, the applicant

shall provide a financial guarantee for the landscaping to the extent it is not installed

prior to the issuance of a certificate of occupancy. The amount of the financial

guarantee shall be determined by the director of planning. The financial guarantee (if

required) shall be held for a period of twelve months following the date of certificate

of occupancy issuance. A certificate of occupancy shall not be issued until the

required landscaping is planted in accordance with the approved landscape plan or

a financial guarantee shall have been provided. If planting cannot occur due to

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seasonal or other constraints, the director of planning may accept a financial

guarantee to insure future installation of plantings. The financial guarantee may be

submitted in the form of an irrevocable letter of credit, certified check, surety bond, or

cash escrow. The amount shall include the full cost of plant materials and installation

costs such as, but not limited to, soil treatment, labor, and guying costs. If the director

of planning accepts a financial guarantee to insure future plantings, all required

landscaping shall be installed by the following planting season in order to obtain a

refund of the guarantee.

iii. Sight distance. The landscape plan shall identify a sight distance triangle at all

intersections. The sight distance triangle shall include the area between the lines of

an intersecting street or private drive and a straight line connecting them at point

twenty feet distant from the existing or proposed right-of-way line or private drive

intersection. No trees, shrubs, or other materials shall be placed where they will

impede visibility above a height of two and one half of a foot or below a height of eight

feet above the established curb grade within a sight distance triangle or where

prohibited by the Virginia Department of Transportation or the department of public

works.

d. Preservation of existing trees. Preservation of existing trees and shrubs shall be maximized to provide for

continuity and improved buffering ability when practicable. Consideration shall be given to topographic,

grading, building and parking locations and other site conditions and constraints. Except for tree canopy

requirements, trees retained for compliance with this section shall not be less than six feet in height, shall be

noted on the landscape plan, and shall comply with the following:

i. Prior to landscape plan approval, the property owner shall sign a statement stating

protective measures to be taken and agreeing to replace trees or shrubs that die or are

removed during or after construction.

ii. The landscape plan shall identify the protection area and method of protection for

retained trees. The minimum radius of the protection area shall be determined by

multiplying the tree diameter in inches at four feet in height by one foot or by

delineation of the drip line of the tree, whichever is greater.

iii. The protection area shall be identified during construction with high visibility fencing.

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There shall be no encroachment including, but not limited to, earth disturbing

activities such as grading or stockpiling of soil or materials within the protection area.

iv. Any vegetation removed from a tree protection area before, during or after

construction shall be replaced with new vegetation which meets the minimum

requirements of this section, provided that shrubs, ground cover and non-specimen

trees may be removed.

e. New trees. Required tree plantings shall conform to the following minimum standards with caliper

measurements taken six inches above grade. At time of planting:

i. Canopy trees for streetscape use shall measure a minimum of a 3½-inch caliper; for

general landscape use, a minimum of 2½-inch caliper is required.

ii. Ornamental trees for streetscape use shall measure a minimum of a 2½-inch caliper; for

general landscape use, a minimum of 1½-inch caliper is required.

iii. Screening trees shall measure a minimum of eight feet in height.

f. New shrubs. Required shrub plantings shall conform to the following minimum standards. At time of

planting:

i. Shrubs for streetscape and general landscape use shall measure a minimum of

twenty-four inches in height or eighteen inches in spread at time of planting, unless the

shrubs are of a dwarf or low growing variety or otherwise approved by the

director of planning.

ii. Shrubs for screening use shall measure a minimum of thirty inches in height at time of

planting.

g. Tree canopy. Tree canopy requirements shall be calculated in accordance with the current landscape

manual. A minimum fifteen percent tree canopy shall be provided for all sites unless otherwise approved by

the director of planning.

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h. Screening.

i. Walls, fences, and plantings shall be utilized to physically reinforce an edge or street wall

condition and to improve the visual environment of the UMU district.

ii. Screening devices shall be required whenever:

• Parking areas occur along public or private rights-of-way (excluding internal

drives).

• Loading, service and trash collection areas, and utility and mechanical

equipment areas are visible from public rights-of-way or other properties at

ground level.

• Stormwater management facilities are placed within the development and are

not used as a design feature or recreational amenity.

• Incompatible or less intense uses about the UMU district.

• The screening requirement may be met along Interstate 64 and Cox Road by

installing a minimum 42” tall wall (from the right-of-way side). Landscape trees

and shrubs will be planted within open areas and parking lot islands between

the wall and buildings, decks and parking lots.

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i. Minimum screening requirements.

i. The minimum planting area width for screen landscaping shall be ten feet. The screen

landscaping strip shall not be located in areas identified for public improvement

projects or in public easements but may be located within the Cox Road right-of-way.

ii. The screen landscaping strip shall consist of existing vegetation, proposed

landscaping, berms, an opaque wall, or a combination thereof.

iii. Berms within the screen landscaping strip shall have a maximum slope of two to

one.

iv. If a proposed use within the UMU district abuts an incompatible or less intense district or

use, the landscape buffer between the districts or uses shall be a minimum of thirty-five

feet. The director of planning may approve an alternative buffer that minimizes the

adverse effects on the less intense district or use.

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j. Streetscape planting.

i. Applicability. Streetscape plantings shall be required on or along the main entrance

drive from Cox Road and on or along Cox Road. Required streetscape

planting on or along Cox Road may be planted in the Cox Road right-of-way. No

streetscape planting shall be required along the Interstate 64 frontage.

ii. Minimum requirements.

• A streetscape planting strip at least eight feet wide shall be located adjacent

to the main entrance drive from Cox Road and adjacent to Cox Road.

• Trees, shrubs, groundcovers, ornamental grasses, flowers and turf grasses shall

be planted within the planting strip.

• Canopy trees shall be planted a maximum of thirty-five feet on-center. The

director of planning may allow greater spacing to avoid conflicts or to

recognize major design features.

• Ornamental trees shall be planted a maximum of twelve feet on-center. The

director of planning may allow greater spacing to avoid utility conflicts or to

recognize major design features. The use of ornamental trees as street trees shall

be limited to areas with overhead constraints.

• Shrubs and ornamental grasses within the streetscape planting strip shall be

maintained at a maximum height of thirty-six inches or thirty inches within a

sight distance triangle.

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k. Parking lot landscaping requirements.

i. Parking lot landscaping shall contain:

• An average of four trees for each one hundred feet of road frontage, with the

exception of driveways and Interstate 64 frontage if screening either is not

required or is provided by a wall or fence pursuant to Subsection (h)(ii) above.

Such trees shall be evenly spaced along the right-of-way frontage, located

within ten feet of the edge of the main entrance drive roadway pavement, and

placed between the edge of roadway pavement and sidewalk or within tree

wells with grates if sidewalks are constructed parallel to the roadway. This

requirement may be satisfied if such trees are located within the right- of-way.

Such trees shall be regularly trimmed so that the bottom six to eight feet of the

tree trunk remains clear of branches and vegetation.

• A continuous line of evergreen shrubbery planted along the entire perimeter of a

parking lot abutting a street (excluding Interstate 64 frontage if screening

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either is not required or is provided by a wall or fence pursuant to Subsection

(h)(ii) above) not more than te n feet behind the trees along the required

right-of-way frontage. The shrubbery must be at least two feet high when

planted and shall be regularly trimmed for appearance and height not to

exceed three and one half of a foot. This requirement may be satisfied if such

shrubbery is located within the Cox Road right-of- way.

ii. Parking lots shall be landscaped in general accordance with the master plan. Parking

decks, podiums and other structured parking areas shall not require internal

landscaping.

8. Common area, open space and preservation requirements.

a. At least ten percent of the entire project shall consist of conservation, recreation and open space areas

for the common use and enjoyment of residents, visitors and employees within the UMU district and shall be

clearly delineated in the project’s master plan. A reduced percentage may be approved by provisional

use permit. These areas may be distributed throughout the project and may include bodies of water,

historic sites, works of art, outdoor recreation and public meeting areas, courtyards, swimming pools,

plazas, dog parks and spas, fitness centers, club and game rooms, interior and rooftop gathering areas,

landscaping, fountains, sidewalks and bike paths and buffer areas. Internal bikeways and pedestrian

walkways and hallways shall connect open space areas. Common areas and open space shall be located

to enhance the living environment and pedestrian-oriented uses. Common open space may be

aggregated in large areas. Common areas may be conveyed and shall be maintained and controlled in

accordance with the covenants required by this article.

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b. Environmental protection, wetland, floodplain, other environmentally sensitive areas, and stormwater

management and “best management practices” (BMP) areas are not counted in meeting minimum open

space area requirements unless they are used as a design feature or recreational amenity.

c. Common areas and areas designated for open space and recreation shall be designed and arranged

in order to provide maximum use and accessibility to all owners or residents of the project or by the

public if dedicated for public use.

d. When recreational facilities are not included in the project, the common area shall contain land other

than floodplains, steep slopes, wetlands and resource protection areas that is of sufficient size and

suitable for recreational uses such as swimming pools, playgrounds, ballfields, tennis courts and similar

uses.

e. Natural common areas shall be protected and maintained during the development process as

required by the applicable provisions of Article VIII and Chapter 10 of the Henrico County Code. During

the development process, natural common areas shall not be used for storing, filling or dumping of any

materials and shall not be denuded, defaced or otherwise disturbed without the prior approval of the

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appropriate county department and the director of planning. If disturbed, such areas shall be restored

by the developer or owner to the condition existing prior to the disturbance, including the removal of

dead or damaged trees, stumps, and remnants in accordance with an appropriate plan containing

performance guarantees approved by the director of planning.

f. Common areas shall be maintained by the developer or owner of the project until they are conveyed to

a property owners’ association whose members shall be owners of property in the project. The

common areas shall be held by the owners’ association for use and enjoyment of its members. If the

developer or owner conveys the common area to an owners’ association, deed restrictions and

covenants, in form and substance satisfactory to the county attorney, shall provide that any assessments,

charges or costs of maintenance of the common areas constitute a pro rata lien upon the individual

properties inferior in lien and dignity only to taxes and bona fide duly recorded first deeds of trust on each

property or lot.

g. Areas dedicated to the county for public use, other than streets dedicated by the subdivision plat, shall be

conveyed to the county only in a manner and form approved by the county attorney.

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9. Lighting

a. Purpose. The purpose of UMU district lighting standards is to encourage good lighting practices designed to

conserve energy and money, minimize glare, protect the use and enjoyment of surrounding property, and

increase nighttime safety, utility, security, and productivity.

b. Applicability. The provisions of this section shall apply to any project in the UMU district.

c. Lighting standards.

i. All outdoor lighting fixtures shall be limited to the types of fixtures contained in the

project’s master plan.

ii. Light source locations shall be chosen to minimize the hazards of glare. The height of

freestanding lighting fixtures shall not exceed twenty feet, except that no more than

four lighting fixtures may extend to thirty-five feet at the intersection of public or private

streets unless otherwise approved by the director of planning.

iii. Illumination shall be measured at grade at the property line and shall not exceed one

footcandle ten feet outside the property line unless the director of planning finds

there will be no adverse effect on adjacent property or public safety.

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d. Streetlights. Streetlights shall be installed by the applicant and shall comply with the following:

i. Street lighting shall maintain an average illumination between one half and one and

one half of a footcandle unless an alternative level of illumination is approved by the

director of planning or county traffic engineer for safety purposes.

ii. Streetlight poles shall be designed and placed in accordance with VDOT or county

standards. Placement of the streetlight poles shall be coordinated to be on or near the

side property lines of residential dwelling units.

e. Parking lot lighting requirements. Adequate lighting shall be provided for surface parking facilities used

at night. The average required lighting intensity to be provided in all parking areas is one footcandle;

provided, however, that the lighting intensity for parking lots adjoining a right-of-way or residential area

shall not exceed one footcandle ten feet outside the property line unless the director of planning finds

there will be no adverse effect on adjacent property or public safety.

f. Submittal requirements. A lighting plan shall be submitted with each plan of development that details

the location and specifications of all lighting provided. An ISO footcandle diagram shall also be

provided to indicate the level and extent of proposed lighting.

10. Parking. Notwithstanding any other requirements with respect to off-street parking set forth in Section 24-96 of

the Henrico County Code, the following provisions shall be applicable in the UMU district:

a. Minimum spaces. The minimum number of parking spaces required for uses in the UMU district shall be

as follows:

i. For nonresidential uses, the minimum parking is:

• Restaurant: One space per one hundred and fifty square feet of gross floor area.

• Retail: One space per two hundred and fifty square feet of gross floor area.

• Office: One space per three hundred square feet of gross floor area.

• Hotel/motel: One space per bedroom.

• Other nonresidential uses shall provide parking as required by Section 24- 96(b)

of the Henrico County Code.

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ii. For residential uses, one parking space per one bedroom, studio, loft or efficiency

dwelling unit shall be provided, and one and one-half parking spaces per two or more

bedroom dwelling unit shall be provided, but such parking requirement may be

reduced by providing a parking study to be approved by the planning commission at

the time of any plan of development review.

b. Off-site parking. Off-site parking accessible by sidewalk, trail, or other improved pedestrian way which is

located within one thousand feet of a publicly accessible entrance of the building may be used in the

calculation of the required parking for a nonresidential use.

c. Parking garage. Parking within a garage or within an enclosed or covered space may be counted

toward meeting off-street parking requirements.

d. On-street parking – private streets. On-street parking on private streets shall count towards any

nonresidential off-street parking requirements, provided that such parking is not counted for any other use

and is located within one thousand feet of its intended use.

e. On-street parking – public streets. On-street parking on public streets shall count towards twenty-five

percent of any nonresidential off-street parking requirements, provided that such parking is not

counted for any other use and is located within one thousand feet of its intended use.

f. Shared parking agreements. The applicant shall provide documentation, such as shared parking

agreements, of the allocation of off- and on-street parking for all proposed uses with each application for a

building permit or change of use or at the request of the director of planning.

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11. Comprehensive sign program. Notwithstanding any other requirements in Section 24- 104.1, the following

provisions shall be applicable in the UMU district:

a. The master plan shall include a comprehensive sign program to coordinate all nonpublic signage visible

from the exterior of a building within the UMU district, unless otherwise approved by the director of

planning.

b. The following signage and variations shall be permitted in addition to signage allowed under Henrico

County Code section 24-34(p)(2):

i. Two freestanding signs shall be allowed for each leasing office, amenity area and

parking deck/area not to exceed twelve square feet and five feet in height. The

sign(s) may be erected within an outdoor plaza or other areas on the property.

ii. Blade signs are permitted as projecting signs and shall not exceed twenty square feet

in area.

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iii. Awing and canopy signs may be internally lit.

iv. Project signs may be up to 100 square feet in the aggregate.

v. Other project signage. Additional signage related to reserved parking areas,

directionals, handicap parking and access, lobbies, and addresses may be allowed or

required by governmental law or regulation.

TYPICAL BLADE SIGN

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TYPICAL LEASING SIGN

TYPICAL PROJECT SIGN

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12. Dwellings in special flood hazard area. Notwithstanding the provisions of Subsection 24-95(u)(1)

of the Henrico County Code, a mixed-use structure may be constructed in the special flood hazard area as

defined in Section 24-3 of the Henrico County Code if it meets the following requirements:

a. The structure is located on property zoned UMU; and the structure, or any portion thereof, is located within

three hundred feet of the James River;

b. The construction complies with the specific requirements of the Uniform Statewide Building Code and its

incorporated standards for construction in special flood hazard areas;

c. There must be vehicular access to the structure above the base flood elevation;

d. No portion of the structure below the base flood elevation may be enclosed on all sides;

e. The lowest enclosed floor is a minimum of one foot above the base flood elevation and is not used for

residential purposes, and

f. The structure is at least forty-five feet in height and contains more than forty residential units.

13. Covenants required. Each tract of land within a project shall be under the supervision or control of a unified,

central authority for the life of the project. To this end, restrictive covenants shall be recorded for each tract

to be developed. Proposed restrictive covenants shall be submitted to the planning office for review and

approval as to form satisfactory to the county attorney prior to any formal approval for development within

the UMU district, and they shall be recorded prior to building permit approval. The covenants shall, at a

minimum, provide for the creation of a property owners’ association; maintenance of individual sites,

common area, open space, landscaping and buffering and private streets; and minimum development and

operational standards for each tract. The covenants shall also provide that any assessments, charges and

costs of maintenance of common areas shall constitute a pro rata lien upon the individual lots or units

subject to the covenants, inferior in lien and dignity only to taxes and bona fide duly recorded first deeds of

trust on each lot or unit.

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14. Roads. Roads, driveways, and parking areas shall be designed and constructed in accordance with

pavement design standards and specifications of the department of public works unless the directors of

planning and public works find there will be no adverse impact on public safety. A licensed engineer shall

certify construction of the roadways to such standards in a phase of a development prior to the issuance of

any occupancy permit in that phase of the development.

15. HVAC screening. HVAC and mechanical equipment shall be screened from view at ground level. Screening

shall consist of landscaping or materials used in the principal building’s exterior.

16. Commercial vehicles. Parking of any commercial vehicle exceeding ten thousand pounds gross weight,

or any commercial trailer or wrecker, is permitted only when loading, unloading, or working at or near the

location where it is parked.

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17. Improvements. Improvements including, but not limited to, private streets, streetlights, sidewalks, and

encroachments shall be maintained by the developer or owner of the project until they are conveyed to a

property owners association whose members shall be owners of property in the project. If the developer or

owner conveys the improvements to an owners’ association, deed restrictions and covenants, in form and

substance satisfactory to the county attorney, shall provide that any assessments, charges, and costs of

maintenance constitute a pro rata lien upon the individual properties inferior in lien and dignity only to taxes

and bona fide duly recorded first deeds of trust on each property or lot.

18. Public water and sewer. All projects shall be served by public water and sewer.

19. Utility lines underground. All new utility lines such as electric, telephone, CATV or other similar lines shall be

installed underground. This requirement shall apply to lines serving individual sites as well as to utility lines

necessary within the project. All junction and access boxes shall be screened with appropriate landscaping.

20. Outside storage and refuse containers. There shall be no outside storage of any equipment, materials or

supplies. Refuse containers shall be completely screened from view by means of an opaque fence or wall

that is architecturally compatible with the buildings on the site. Such containers shall be serviced only

between the hours of 6:00 a.m. and 12:00 midnight.

21. Architectural and site design policies. In accordance with the Innsbrook Area Study, the following

architectural and site design policies shall be encouraged in the UMU District:

a. Placement of plazas, pocket parks, village greens, squares, courtyards and other outdoor gathering

spaces is encouraged.

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b. The use of complementary colors, exterior finish materials, landscaping, signs, and building designs is

encouraged in order to give new developments a unified appearance.

c. Stormwater management facilities should be either below ground or incorporated into the development

as a useable amenity space with landscaping, seating, and walkways.

d. Buildings should be organized to create a pattern of individual blocks, creating pedestrian- friendly spaces

and streetscapes, while screening parking areas. Where logical, newly created streets should be built and

named to provide continuity to existing streets.

e. Blocks should not exceed six hundred fifty feet in length unless it is necessary accommodate variations in

building types, to protect natural features or topography on a site, or to align with existing or planned

street connections. When necessary, a mid-block pedestrian access point should be provided to allow

pedestrians to cross through the block.

f. All exterior building walls should provide a finished appearance with high- quality façade materials,

windows, public entrances, balconies, variations in building materials and colors, and other features to

avoid the appearance of a blank wall.

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g. Decorative, pedestrian scale lighting should be provided to enhance the area by creating character and

charm. On-site lighting should be of a consistent style and reduced height.

h. New residential development should be of a high-quality consistent with that of surrounding

neighborhoods.

i. Uniform street tree and lighting standards should be used in all new residential development.

j. Architectural details and other features should be provided on all sides of the building to avoid blank

walls.

k. Residential buildings with four or more units should vary their setback by a minimum of two feet so that no

more than fifty percent of the building is located on the same building line without building wall

articulation.

l. Cantilevered chimneys, gas vent units, closets, and/or storage units should be discouraged.

Cantilevered balconies are acceptable

m. Main entryways for new residential areas should include a landscaped median with a minimum width

of five feet, color/ textured paving, and other “gateway” elements.

n. Service areas and trash enclosures should not be located within an alley’s right-of-way and should be

enclosed when not in use.

o. The use of side-, rear-, or alley-loaded garages, or the use of a combination of different garage

orientations along a street frontage is encouraged. Street-facing garages should be recessed behind the

front façade of the dwelling.

p. For multi-family developments, garages and carports should be located inside the development and

should not face off-site streets or adjacent single-family dwellings (except for Interstate 64 frontage if

screened from view).

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22. Transit policies. In accordance with the Innsbrook Area Study, the following transit policies shall be

encouraged in the UMU District:

a. Promote the development of an interconnected street network that accommodates a variety of

transportation modes and preserves existing street network capacity.

b . Initial development or redevelopment within each land bay should provide an overall plan depicting a

proposed road network for the land bay. This road network should provide multiple routes and

intersections to improve traffic circulation.

c. Cul-de-sacs or other dead end streets should be avoided unless necessitated by the presence of

natural features, established development patterns, or other site constraints.

d. Bus service should be extended along W. Broad Street to connect the study area with regional

services and employees.

e. In order to encourage non-vehicular use, bicycle paths and racks should be provided throughout the

study area.

f. Businesses and offices should be encouraged to have shared drive access within the development

and to major roads.

23. Landscaping, buffering, and open space policies. In accordance with the Innsbrook Area Study, the

following landscaping, buffering, and open space policies shall be encouraged in the UMU District:

a. Natural amenities currently located within the study area, such as streams and large ponds, should be

retained and enhanced for public use when practicable.

b. Encourage passive and recreational parks and open space to serve as amenities for residents.

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c. Existing mature trees should be maintained and incorporated into site designs when practicable.

d. Street trees should be provided along new and redeveloped streets at a spacing of no greater than

thirty-five feet on center. Tree location should be done in consideration of utility lines (e.g., water and

sewer).

e. Where the right-of-way along a block face includes street trees, new development should continue the

existing conditions in terms of the species, configuration, and average spacing.

f. The areas of landscaped median and streetscape along Cox Road should be maintained and additional

landscaped medians and/or streetscapes should be considered for Cox Road and other roadways in the

study area as adjacent properties are redeveloped.

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COX ROAD MULTI-FAMILY DEVELOPMENT

Master Plan Regulations

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g. Buffers should be established between surrounding single-family residences and other types of

nonresidential development. These buffers may include existing vegetation, enhanced landscaping,

berms, fences, walls, or any combination of these. They should be sufficient to block headlights from

parking areas, help dissipate noise from commercial activities, and prevent uncontrolled pedestrian

movement between single-family residences and nonresidential uses.